Discussion On The Validity Of The Contractor’s Claim: Construction Law & Dispute Management Assignment, TCD, Ireland

Q.1      COMPULSORY

Using the information contained in Appendix A, and the extract from the RIAI Construction Contract 2017 Edition (2^nd Print-run May 2018), prepare a report on the validity of the contractor’s claim and include your recommendation of an appropriate sum to be included in the next interim valuation.

a) Discussion on the validity of the contractor’s claim

b) Analysis and discussion on each of the Heads of Claim

c) Recommendation for next interim valuation

Q.2      “All professions are conspiracies against the laity.” George Bernard Shaw Discuss the above statement in the context of the effectiveness of the guidance on  Global Professional & Ethical Standards; Rules of Conduct and      Help Sheets issued to members by the RICS / SCSI over the past 20 years.

Q.3 The employer wishes to take possession of his new school on the date for completion outlined in his brief, as the lease on his present temporary accommodation expires at the same time. Advise the employer on how you propose to provide for this situation in the contract documents and identify any additional items that may be considered under potential client

Q.4 “Not every careless act or fault on the part of a professional gives rise to liability in negligence, even when damage is sustained by another as a         result” Donoghue v Stevenson [1932] AC 562 (HL) Lord Aitkin, page 580 Discuss the above statement in the context of a claimant seeking to establish a claim in negligence against a chartered surveyor.

Q.5It is sometimes suggested that the satisfactory settlement of contractual claims owes more to skills of communication and negotiation than to a detailed knowledge of contractual provisions.

Discuss with regard to this statement the factors considered to be important in achieving a satisfactory settlement and comment upon the management support systems that a contractor requires to ensure such an outcome.